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(H. B. 135.)

AN ACT

TO AMEND AN ACT CONCERNING ROADS AND HIGHWAYS, AND TO
REPEAL ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF
COLORADO, ENTITLED "AN ACT CONCERNING ROADS AND PUB-
LIC HIGHWAYS," APPROVED MARCH 22, 1877, AND AN ACT TO
AMEND CHAPTER EIGHTY-EIGHT OF THE GENERAL LAWS,
APPROVED FEBRUARY 18, 1879, APPROVED MARCH 9, 1883, BEING
GENERAL SECTION 2990 OF THE GENERAL STATUTES OF THE
STATE OF COLORADO.

Ditch companies

ways open.

Be it enacted by the General Assembly of the State of
Colorado:

SECTION I. That section number thirty-eight (38), of must keep high- an act to amend an act concerning roads and highways, and to repeal acts of the General Assembly of the State of Colorado, entitled "An act concerning roads and public highways," approved March 22d, 1877, and an act to amend chapter eighty-eight, of the General Laws, approved February 18th, 1879, approved March 9th, 1883, (being general section 2990, of the General Statutes of the State of Colorado), be, and the same is hereby, repealed, and the following is substituted in lieu thereof: SEC. 38. Any person or persons, corporation or company, owning or constructing any ditch, race, drain or flume in, upon or across any highway, shall keep the highway open for safe and convenient travel by constructing bridges over such ditch, race, drain or flume; and, within five days after any ditch is constructed across, in or upon any highway, at any point thereof, so as to interfere with or obstruct such highway, the person or persons owning or constructing such ditch shall erect a good and substantial bridge, of not less than twenty feet in width, across the same, which shall thereafter be maintained by the county; Provided, That all such bridges which shall be of greater length than twenty (20) feet shall be constructed as herein provided, and thereafter maintained in proper condition for safe travel by the owner or owners of said ditch. Any person or persons, corporation or company, constructing any ditch, race, drain or flume in, upon or across any highway, and failing to keep the highway open for safe and convenient travel, as in this act provided, shall forfeit the sum of twenty-five dollars, to the county, for each and every day of failure to keep the same open

Penalty.

bridge shall be

for safe and convenient travel, as aforesaid. And any per- Time when son or persons, corporation or company, who shall fail to constructed. erect a good and substantial bridge across any ditch, race, drain or flume, within five days after the same is constructed in, upon or across any highway, and keep the same in proper condition and repair, as herein provided, shall forfeit the sum of twenty-five dollars to the county for each and every day of failure to erect such bridge and keep the same in repair, as aforesaid, together with the cost of constructing there a good and substantial bridge, or making necessary repairs, which the road overseer of the district shall at once proceed to build or repair, and such party or parties so neglecting shall also be liable in damages to any person or persons damaged by such neglect. (SEC. 38, said act.)

SEC. 2.

All acts, or parts of acts, in conflict with the Repeal. provisions of this act, are hereby repealed.

Approved March 16, 1885.

ROADS AND HIGHWAYS.

(H. B. 84.)

AN ACT

TO AMEND SECTION THIRTY-SIX (36) AND SECTION 9, OF AN ACT,
ENTITLED "AN ACT CONCERNING ROADS AND HIGHWAYS," AND
TO REPEAL ACTS OF THE GENERAL ASSEMBLY OF THE STATE
OF COLORADO, ENTITLED "AN ACT CONCERNING ROADS AND
PUBLIC HIGHWAYS," APPROVED MARCH 22D, 1877, AND AN ACT
TO AMEND CHAPTER EIGHTY-EIGHT, OF THE GENERAL LAWS,
APPROVED FEBRUARY 18TH, 1879, AND CHAPTER 95, OF GENERAL
STATUTES OF COLORADO, APPROVED MARCH 9TH, 1883.

Be it enacted by the General Assembly of the State of
Colorado:

SECTION I. That section thirty-six, of an act, entitled "An act concerning roads and highways," and to repeal acts of the General Assembly of the State of Colorado,

Obstructing highways.

Penalty.

Sheriff to serve warrant upon

viewers.

entitled "An act concerning roads and public highways," approved March 22d, 1877, and an act to amend chapter eighty-eight, of the General Laws, approved February 18th, 1879, being general section 2988, of the General Statutes of the State of Colorado, approved March 9th, 1883, be amended so as to read as follows: SEC. 36. No person or persons, or corporation, shall erect any fence, house or other structure, or dig pits or holes in or upon any highway, or place thereon any stones, timber, trees or any obstruction whatsoever, and no person or persons, or corporation, shall tear down, burn or otherwise damage any bridge of any highway, or cause waste water, or the water from any ditch, road, drain or flume, or other place, to flow in or upon any road or highway so as to damage the same, and any such person or persons, or corporation, so offending or violating any of the provisions of this section, or any of the sections of this act, for which there is no specific penalty provided, shall pay a fine of not less than ten dollars ($10), nor more than three hundred dollars ($300), for each offense, and a like fine of ten dollars for each day that such obstruction shall be suffered to remain in said highway, and shall also be liable to any person or persons, or corporation, in a civil action for any damages resulting therefrom; and it shall be the duty of the road overseer in the district in which such violation shall occur, to prosecute any person, persons, corporation or corporations violating the provisions of this act.

SEC. 2.

Section nine of said act is hereby amended to read as follows: SECTION 9. The sheriff of the proper county shall serve the warrant mentioned in the preceding section, by delivering a copy thereof to each of the viewers named therein, and the original he shall return to the county clerk, with his endorsement of service made thereon. Any person appointed road viewer, and duly served with a warrant, who shall wilfully neglect or refuse to act, shall forfeit the sum of twenty-five dollars to the county; Provided, That nothing in this section, or in section eleven of this chapter, shall be so construed as to invalidate any act or acts of said viewers, if they serve as viewers after receiving notice of their appointment, directed to them by the county clerk, as provided in section eight of this chapter.

Approved April 10, 1885.

(H. B. 316.)

AN ACT

TO AMEND SECTION (4) FOUR, OF CHAPTER (95) NINETY-FIVE, OF THE GENERAL STATUTES OF THE STATE OF COLORADO, ENTITLED "ROADS AND HIGHWAYS."

Be it enacted by the General Assembly of the State of
Colorado:

missioners may

SECTION I. Section four (4), of chapter ninety-five (95), of the General Statutes of the State of Colorado, entitled "Roads and Highways," is hereby amended to read as follows, to wit: The board of county commissioners may County comalter, widen, or change, any established road, or lay out any alter highways. new road, in their respective counties, when petitioned by ten (10) freeholders residing within two (2) miles of the road sought to be altered, widened, changed, or laid out. Said petition shall set forth a description of the road sought to be altered, widened, or changed; and if the petition be for a new road, it shall set forth the points where the road is to commence and terminate, its general course and distance; Provided, The commissioners of the county may, at any regular meeting, by an order of the board, declare any section, or township line on the public domain, a public highway; and on and after the date of such order, which shall be attested by the clerk, under the seal of the county, and recorded in the office of recorder of deeds, the road so laid out shall be a public highway.

Approved April 7, 1885.

(S. B. 61.)

AN ACT

TO PROVIDE FOR THE APPOINTMENT OF A STATE AGENT.

Be it enacted by the General Assembly of the State of
Colorado:

I.

SECTION 1. That the Governor of the State be, and he is hereby, authorized and empowered to appoint, with the advice and consent of the senate, an agent for the State Shall prosecute of Colorado, whose duty it shall be to prosecute to final the United States decision, in the proper departments of the government of

claims against

for lands sold.

Claims for

tions.

the United States, or in any of the courts of the United States having jurisdiction, the claims of the State of Colorado for the five per cent. due to said State from the United States for, or on account of public lands within this State disposed of by the United States as Indian reservations, and by the location of military land warrants and land scrip issued for military services in the wars of the United States, and by the location of the Agricultural college scrip, or by reason of any other disposal of the public lands of the United States within the State of Colorado; Provided, That the provisions of this act shall only apply to disputed claims of the State of Colorado against the United States. It shall also be the duty of the said agent to prosecute, to final decision, all claims of the State of Colorado against the United States arising out of depredations committed by the Indian depreda- Indians, or occurring during the late war, together with all claims which this State may have against the United States for expenses incurred in organizing, equipping, and maintaining troops for the public service, and for all school lands which may be due said State from the United States on account of Indian reservations, and for the direct tax imposed and partly paid under the "Act" of Congress approved August 5th, 1861, and for any other claim or claims of any class whatsoever now due, or hereafter to become due, from the United States Government to the State of Colorado; Provided, That no part of the money that may be secured to the State, from or on account of any of the matters mentioned in this act, shall be paid by the United States to such agent, but the same shall be paid to the Treasurer of this State, and such agent shall have no authority to take or receive from the United States such money, or any part thereof.

Military expenses.

School lands.

Direct tax.

Money to be paid state

treasurer.

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